paid administrative leave. >> reporter: the officer is accused of abusing his authority and false imprisonment. >> if this was a joke or to scare this young man, that's a crime. >> reporter: he says the officer's job is on the line. >> if he is charged with a felony false imprisonment, which is restraining someone's liberty under the color of authority or by force, that's a serious felony and that officer would not be able to continue orn as a police officer if he is convicted of that. >> reporter: the boy's father reportedly took cell phone video of the incident and the "mercury news" quotes the officer on video telling the boy, a cop's daughter is not somebody you mess around with. you're stupid. the officer's attorney said, the officer was essentially invited to use scare straight tactics and there were no objections to the lecture or handcuffing. everything was done in the spirit of reaching a troubled young man headed down the wrong path. why did the boy's mother file a

case with internal affairs? >> the fact that the mother went to this as a result of this indicates this was not consensual. in other words, the parents didn't want their son handcuffed that this police officer stepped way over the like and abused his authority. >> reporter: sex between minors is a misdemeanor. so this officer could have gone over and issued a citation perhaps against this 15-year- old boy under that statute. however, juliette, it's a very gray area here. if that officer had doesn't intent of -- had the intent of arrest or citing that boy, then he should have followed through on that. the fact that he didn't, he took the handcuffs off and left, made this potentially a false imprisonment. san jose police have a policy of not allowing officers to intervene in cases in which they are intimately involved such as having a daughter or son or a close relative like that. >> it got personal. all right, len ramirez, len,

thank you. well, we have obviously been getting a lot of reaction from viewers on this story. scared straight, that's what steve yang calls the officer's action in a comment he posted on our facebook page. kerry agrees. she would do whatever it takes to protect my 14-year-old baby. but amanda says, physical were a cop i would not -- if i were a cop, i would not go in uniform. i would go's parent. margie adds, you would think since he is a cop that deals with domestic disputes he would have had a better plan. prosecutor say it looks like a bad episode of "glee." a san francisco state cheerleading coach charged well bezelling nearly $20,000 from her squad to go on a spending spree. cheerleader ashlee haley was elected to head up the gators squad a year and a half ago. she collected $1,000 apiece from club members to pay for cheerleading camp, uniforms and warmiums. but the cheerleaders say the

uniforms and other gear never materialized. >> she ended up using all of this money for her personal use for a trip to las vegas, for expenses there. she also used it to pay her rent, for food, entertainment, et cetera, those kinds of things. >> haley has been released on bail. her attorney says his client has no criminal record and is innocent of all charges. oakland police have released a sketch of a man suspected of robbing and sexually assaulting two women near lake merritt. the attacker is described as in his 20s, 5'10" tall and armed with a weapon. the assaults happened late sunday night. both women were on their way home when they were attacked. women in the neighborhood are being told to be on alert, stay in well lighted areas and avoid being distracted by listening to music or talking on cell phones. today the death toll from the san bruno pipeline explosion officially jumped to 7. the san mateo county coroner's office confirmed that

gregory bullis, his mother lavonne and 17-year-old son william died in the blast. meanwhile today, crews began the assault on a major health concern in the disaster zone. simon perez shows us what they are doing about it. simon. >> reporter: juliette, the clean-up begins in earnest tomorrow. today's crews tried to make sure no one gets sick from what's lef of the incinerated neighborhood. reporter: san mateo county work crews bustled around the site of the san bruno explosion and fire preparing for the heavy lifting scheduled to begin tomorrow morning at 8:00 a.m. >> tomorrow morning we are going to start removing vehicles and we are going to be going onto properties that have signed up for the program and basically removing the ash and debris. >> reporter: there are plenty of car carcasses to remove, frames stuck on the street just where they were when the fire began. as far as the homes, everything will be taken away, walls, chimneys, pipes, everything, so the home owner will be returned a clean lot when the county is finished. be

county health officials are concerned about toxic dust being spread by the continuing wind. >> there is material in there such as metals, asbestos, small amounts, that if it isn't treated and handled properly, it could become a public health problem. >> reporter: spraying water is designed to keep the dust out of the air and on the ground. >> all they can do is do their best, you know? but so far, i think this block is in pretty good shape. >> there is no cost to the home owners other than we would be approaching their insurance companies and going to their policy and if that doesn't cover everything, the county is also exploring other funneling options. >> reporter: but if i want to do it myself i have to pay for the whole thing? >> absolutely. >> reporter: the crews will be out here cleaning up for three to four weeks. juliette, the idea is to make sure everything is gone and clean add the home owners who come back have something clean to build on. >> thank you, simon perez. in hayward today a ruptured gas line caused confusion on the first day of classes at cal state east bay.

construction crews broke the pipe just before 8:00 a.m. no one was evacuated but students did get emergency text messages telling them what happened. and pg&e had to close a road while it capped the leak. that led to massive traffic jams getting onto campus. this afternoon, crews finished repairs on a water main that ruptured in pleasant hill last night. it happened around 7:30 near morello avenue and kiki drive. about 40 homes had no water service overnight. but it has since been restored. the water district says it doesn't know what caused the rupture, but the pipes are about 50 years old. and just about a week ago, a different section of the same pipeline burst a few blocks away. san jose is at the top of a list that's not something to be proud of. according to a new report, the city has the worst roads in the country. 64% of roads in the san jose metropolitan area are rated in poor condition.

that's according to the national transportation research group "trip." four of the top five cities for worst roads are in the bay area. they are in concord, and in the san francisco-oakland metropolitan areas. they are tied 58%. the national average is 24%. it has been called a corruption case on steroids. bell councilmembers treating the city's money as their personal piggy bank. what prevented the eight from entering a plea in court today. it's much more comfortable than jabbing yourself with a needing. >> injections no longer the only options to treat m.s. the pill that's showing promise. and location, location, location. the real estate that some are dying to get their hands on. ,,,,,,

our state has a huge deficit. meg whitman's plan will make it billions worse by eliminating the capital gains tax for wealthy investors, including herself. economists say her plan will "rip a hole in the budget" and is "deeply flawed". analysts for the l.a. times say whitman's plan is a "pure handout" to the rich creating a "huge risk" to schools and public safety. jerry brown's against this unfair giveaway because it will take billions from our children when we can least

afford it. get california working again-for all of us. but one real estate buyers these days have their pick of properties at bargain prices. but one choice location in pleasanton has a waiting list of hundreds. and they are charging top dollar. robert lyles reports on a place that has people dying to get in.

reporter: pleasanton, nearly 66,500 souls above ground. but it's below ground that the population is expected to explode by 400 less the souls. >> 200 burial vaults which would be for coffins and 200 additional cremation vault. >> reporter: the 6x6 coffin vaults are expected to be the first to go. they not only want to live in pleasanton, they want an afterlife -- >> they want to live here forever. [ laughter ] >> reporter: this eternal subdivision has a name, the pioneer cemetery. and it's undergoing a gentrification of sorts. you see, the cemetery was originally run by the international order of odd fellows. they just sold it to the city. once parks and rec took it over, it was clear the dearly departed were exceeding the area so the bereaved were turned away. >> it would have been very nice. we called and they said there was nothing available.

>> reporter: she wanted to bury her mother at pioneer to be close by. she had to settle on two hours aby. >> we buried her on auburn and we found a cemetery on a hill and nice but it's a long drive so i don't know how often we'll get there to see her. >> reporter: the demand is so high, parts and rec says -- parks and rec says there is a waiting list 3600 so they turned this unused track into double vaults. so people will be able to buy two plots for $11,000 each. >> this is actually right in the range, the midrange, to be honest with you. it's not on the high-end. >> reporter: robert lyles, cbs 5. they caused outrage by padding their paychecks at the expense of average citizens and today, eight current and former employees of bell, california made their first court appearance. it was a bail hearing, but as dave lopez shows us, the judge is trying to determine where

the money they want to use for bail is coming from. reporter: >> first, need to to arraign all of -- we need to arraign all of these defendants. >> reporter: but that didn't happen because the one-time leaders of bell's government all wearing their issued jail garb through their attorneys said they couldn't enter a plea today. including robert rizzo, his attorney said mr. rizzo is ill in fact too ill to even understand the charges against him. >> this a complex case and for mr. rizzo to enter a plea i have to explain the charges and count 1 is very difficult to even counsel to understand. >> reporter: rizzo faces 53 felony charges dealing with misappropriation of public funds and fraud and the judge asked the prosecution, what type of prison time if convicted is rizzo facing? >> mr. rizzo's maximum penalty is 58 years in state prison. >> reporter: none of the defendants entered a plea today. they are all back in court

october 21st. and the question especially pertaining to rizzo, will he be in jail all this time or eventually make bail? so for now, the four that couldn't make bail with rizzo leading the way will return to county jail in an isolation cell away from all other inmates 24/7. the sheriff says it's for their own protection. the question is: how long will they stay that way before they come up with the necessary bail? from downtown los angeles, dave lopez, cbs 5. now on to the upcoming midterm elections. for the first time in two months democrats are leading republican rivals in two major california contests. our exclusive eyewitness news poll found jerry brown ahead of republican meg whitman by 3 points in the race for governor. that's within the margin of error. in the senate race, 49% of likely voters polled said they would choose incumbent barbara boxer. 43% tell "survey u.s.a." they would vote for republican

carly fiorina. coming up, a breakthrough in the treatment for multiple sclerosis. the alternatives to injections. she was found in an area that has experienced some trauma. >> rescued from the war zone. how one bay area woman is helping dogs left abandoned in iraq. good evening from the weather center here. we have been monitoring some severe weather in other parts of the country but locally, we have our own big-time changes. they are coming your way. and the effect they will have on your weekend as eyewitness news continues. we'll be right back. [ female announcer ] jerry brown and oakland's schools.

what were the facts? fact: march 7, 2000. brown asks voters for new mayoral power to appoint school board members. he gets it, and promises better schools.

but the drop out rate increases...50%. the school budget goes into a 100 million dollar deficit. the schools become so bad...the state has to take them over. it was "largely a bust," he admitted. jerry brown. failure as governor. failure as mayor. failure we can't afford now. forced to live in the middle of a battle zone. some of those pets are now being a there are many casualties of war but we rarely hear about the pets forced to live in the middle of the battle zone. some of the pets are now getting a second lease on life given by a pet owner here in the bay area. >> good girl! >> reporter: she plays and wags

her tail just like any happy dog. but this yellow lab has come a long way. >> she was found in an area that has experienced some trauma. >> reporter: that area is iraq. dog owners leslie geoff says libby was 4.5 months old when she was rescued. >> when the soldiers were out there and they are just kind of doing their patrols, their searches, they will contact the shelters and they will say then there is a puppy in the area. >> reporter: after months of searching for the right puppy, leslie said she knew libby was the one so she paid $300 to have libby shipped from iraq. but adjusting to a new environment and new smells hasn't been so easy. >> she is still learning how to interact with other animals and people. >> reporter: even going on a walk is a challenge. >> she has not seen a tree before like these. she hasn't seen green grass before. she's experienced broken-down buildings. >> reporter: but libby is one lucky dog. >> there's been cases of adults

getting their -- [ inaudible ] >> reporter: one of the organization in kuwait helped libby find a home. and she says often times, pets in the middle east don't get a second chance. so margaret says she's dedicated nearly seven years in finding abandoned pets a new home. right now, paws has 120 pets that need homes. >> no matter what they have been through, some of them have been through an awful lot, believe me, it doesn't matter. they are still good and loving. >> reporter: margaret does admit bringing a dog to the u.s. can take some time. >> that's my girl. >> reporter: but leslie says, it's all worth it. >> she's probably one of the best dogs i've met before, and she is so sweet and so kind. she's just all love. she's a complete love. you know? she's definitely mine. >> most of the pets that come from the middle east are found

by soldiers. those interested in giving these pets a home should know that adopting abroad isn't for anything. for more information, go to cbs5.com. lucky to see that libby has a home. here we go. ro is here to fill in us on our weather. fall tonight? what's the exact time? >> officially 8:09 autumn arrives. what's so awesome about this appearance of autumn is that we also have a full moon on the first autumn night and the last time we have had a full moon and autumn arriving at the same time was back in 1991. >> oh. >> so what does that mean? absolutely nothing. but i thought it would be fun to talk about it. all right. how about if we go ahead and take a look outside at our live cbs 5 weather camera heading to san jose where officially we have wall-to-wall sunshine. looks like temperature currently there is 69 degrees. the average high is 83. the coast is clear. we have a little bit of

stratus trying to develop offshore. 60 degrees, clear skies, sonoma at 69. san francisco the low 60s and the winds are light. so the bottom line is if you are out and about, this evening, sunset at 7:06 again we have autumn officially arriving at 8:09. and we will be able to see that full moon tonight because again, we are stratus-free. that's the very latest satellite well to the north of us. we have an area of low pressure system riding north of the pacific northwest. high pressure is building in. temperatures are going to increase tomorrow by a good 10 degrees in many of our locations such as san jose. again right now it's 69 going up to 80 tomorrow. 60 to 70 at the beaches. across the bay 76 degrees in union city. we will have a northwest dry wind 5 to 15 miles per hour. temperatures, 67 in belmont to 84 degrees the outside number in brentwood. north bay numbers stacking up like this, anywhere from san francisco at 72 degrees to 83

in sonoma. stinson beach a pair of sixes. looking ahead towards the weekend because it's never too early to start thinking about the weekend. it's the italian festival. look for 79 degrees because we are talking about a major heatup here in the bay area this weekend beginning friday. by friday, an offshore flow will begin to kick in leaving us with near or record high temperatures all the way through monday and yes, monday's's high in the triple digits coming down slowly by wednesday. backyard photograph: >> keep those photos coming here to cbs5.com. jules? >> thank you. the fda has approved a new drug e fda has approved a new to treat multiple sclerosis. it is the first oral treatment for the debilitating illness. dr. kim mulvihill is here with the details. kim. reporter: juliette, more than 400,000 americans have multiple sclerosis. with m.s. the body's own immune system attacks the protective covering of nerve fibers in the brain

and spinal cord. that leads to fatigue, numbness and pain. a new pill could change that. reporter: john daggett walks with a cane. >> i now have a lot of numbness in my hand and feet. my balance is very bad. >> reporter: he was diagnosed with multiple sclerosis almost 29 years ago. once a week, he injects himself with a drug that helps slow the progression of m.s. until now, all treatment options involved shots. but the fda has just approved a first-ever oral medication to treat the debilitating neurologic disorder. >> someone comes to me and says the, i can't stand these injections, i just won't take injection any longer, then they are perfectly suitable for going on to the pill. >> reporter: it may cause serious side effects including a slower heart rate, increased blood pressure, or lower resistance to infections. >> there are some changes in the back of the eye and the retina that have to be monitored. and it can affect liver functions. so we have to watch for all of

those. >> reporter: daggett is going to check with his doctor to see if he can handle the possible side effects but he says he is ready to try it. >> it's just a really easy way to take it in pill form. it's much more comfortable than jabbing yourself with a needle. >> reporter: novartis the drugmaker is hoping to make it available within the next few weeks but it might not be the only pill on the market for long. the fda is expected to make a decision on another oral medication for m.s. as early as december. so how does this drug work? well, it attaches to a docking site on certain immune cells, certain white blood cells that keeps them inside of the lymph nodes. since they are trapped there they don't travel to the brain or the spinal cord where they might do harm. juliette? >> dr. kim, thank you. just when you thought it was over, ike's is back again! where the popular sandwiches are now being sold. a new book says some of president obama's top advisors have real doubts with his

strategy in afghanistan. we'll have reaction from washington tonight only on the cbs evening news. ,,,,,, [ male announcer ] barbara boxer.

she fought to get our veterans the first full combat care center in california. her after school law is keeping a million kids off the street and out of gangs. and she's fighting every day to create new jobs. i'm working to make california the leader in clean energy. to jump-start our small businesses with tax credits and loans to create thousands more california jobs. i'm barbara boxer, and i approve this message... because i want to see the words made in america again. which would be great... if i was seven. i'm forty-six. and the tooth fairy doesn't come when you're forty-six. just lots of referrals and appointments and bills that cost tons. maybe i'll keep it... it adds character... right? [ male announcer ] losing a tooth is a big deal at any age.

that's why we offer dental coverage. blue shield. what are you doing, friending somebody? yeah. you got time for that? you got time to earn more on your savings, online at capitalone.com. that's new school banking, baby! instead of earning squatootski... your savings will be earning three times the national average. now, let's review. capital one interestplus savings... at three times more. go to capitalone.com. what's in your wallet? are you a pisces? for eyewitness news at 6. think your ride to work is way i'm dana king. here's what we're working on for eyewitness news at 6:00. think your ride to work is way too bumpy? well, you may be right. the bay area city that was just given the dishonor of having the worst roads in the country. and they are wasting your tax

dollars every day they don't come up with a budget. but don't think they are just sitting around doing nothing. how lawmakers are making millions of dollars while nothing gets accomplished. we are going to have that and more at 6:00. san francisco foodies, rejoice. just about a week after ike's place closed its doors, it's back! it's open again at a new location. the sandwich maker is sharing space with the restaurant lime which is in the castro valley near the old ike's place. ike's got the boot from 16th street after neighbors complained about noise and lines and litter. so the oh, so popular sandwiches are available by phone order. so take note of that. ike's by lime. what would be your order? turkey everything on it with cheese. >> i don't eat sandwiches. i'm a burrito girl. >> so special order it. hey, thanks for watching. katie couric is next with a woman on a mission to slim down her entire hometown.

remember the latest news and weather is always on cbs5.com. thanks for watching. see you at 6:00. than jerry mcnerney. s ha when some vets were forced to travel hours for care, mcnerney fought for a new v.a. medical facility, and won. mcnerney took on washington gridlock, to improve care for vets with traumatic brain injuries. his plan became law. that's why vfw state commander dave norris endorsed mcnerney. i'm jerry mcnerney, and i'm honored to approve this message. thanks, dad.

you can't really love me. i know about gayle. i don't know what you're talking about. if you just tell me what happened... [ ding ] [ man ] 35th and archer. next stop hamilton. [ brakes hiss ] ♪ [ male announcer ] now you can watch hit tv shows on your iphone when you get at&t u-verse tv. at&t. rethink possible. our state is in a real mess. and i'm not going to give you any phony plans or snappy slogans that don't go anywhere. we have to make some tough decisions. we have to live within our means. we have got to take the power from the state capitol and move it down to the local level, closer to the people. and no new taxes, without voter approval. we have got to pull together not as republicans or as democrats but as californians first.